No. 18-9824

Steven G. Patten v. California

Lower Court: California
Docketed: 2019-06-27
Status: Denied
Type: IFP
IFP
Tags: civil-rights criminal-procedure due-process equal-protection flight-instruction fourteenth-amendment harmless-error jury-selection peremptory-challenges racial-discrimination self-defense
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Whether Petitioner can establish a prima facie case of discrimination
under the Equal Protection Clause of the Fourteenth Amendment when the pro-
secution in a state criminal trial used peremptories (i.e. peremptory chall
enges) to remove the only African-American (i.e. Black) jurors from the venire (2 Black jurors in a venire totalling 35), where the jurors'
answers do not necessarily dispel any inference of discrimination (especially
since the answers did not give rise to dismissal for cause).

2. Whether the trial court's failure to give a self-defense instruction (with
respect to the animal cruelty charge) is harmless error, where the jury was
instructed that Petitioner (& not the prosecution) had to prove he was not
in danger?

3. Whether an erroneous & misleading flight instruction can bae cured by the
standard instruction under CALCRIM No. 200 (that some instructions may not
apply)?

Question Presented (AI Summary)

Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 29, 2019)

Attorneys

Steven G. Patten
Steven Patten — Petitioner